Bankruptcy Legal Questions

You own 1/2 interest in Tempe property free and clear, he owns a 1/2 interest subject to the mortgage. If he declares bankruptcy, he is no longer personally liable on the mortgage but his 1/2 interest is still subject to the mortgage. If he stops paying the mortgage, the usual result is the house is foreclosed and you split the proceeds with the lender.... Read More

I am a bankruptcy attorney. To begin with 3200 is generally about a 1000 more than anyone I know is charging unless there are some extraordinary circumstances. Regarding the asset/no asset delineation, things happen.  It is possible that it was your mistake, the attorney's mistake or just something that was uncovered later. Depending on what it was it can have a huge impact or no impact at all on your case.  Regarding the other 7500.00, look to your retainer. If it states that he can charge more money for extra unforeseen work, it is likely that he can.  However, he will need to report it on the Form 2030 Disclosure of Attorney Compensation.  On rare occasions I have had cases that take an enormous amount of time.  In those types of cases this manner of billing may be understandable.... Read More

I'm not sure what your question is, but sounds like you need to hire an attorney.  You can search lawyers.com for a qualified attorney in your area.  If your bankruptcy case was filed in the Greater Los Angeles Area, I would be happy to assist, but you need to contact me off this site.... Read More

A lawyer needs to evaluate the exact nature of the fines. One issue is whether they are in the form of a judgment. Another is whether they are criminal or civil. For many civil fines owed to government entities and representing fines for violation of the law, there is no statute of limitations.... Read More

You can file on and eliminate income taxes that are more than three years old provided you filed all the returns on time and there weren't subsequent audits or assessments. The taxes still might be dischargeable with audits and assessments, but additional time considerations come into play. If you are keeping the property, you must pay the property taxes. If you are not keeping the property you need to consult with an experienced bankruptcy attorney related to the property taxes.... Read More

Yes and no. You have to follow certain deadlines. If they are not dischargeable, you can pay them through a Chapter 13. You have to pay real property taxes if you are keeping the real estate. Meet with a lawyer face to face. Any lawyer worth their salt will charge you for the meeting, but this will save you tons of heartache and problems!!... Read More

Her retirment should be exempt, or considered income if she is receiving it in monthly installments. If she took the funds in a lump sum, more details would be needed to make a final determination. As for the landlord action, you would simply need to move prior to the filing and list the landlord as a creditor in your bankruptcy case.... Read More

There is a certain amount of your income that becomes part of the bankruptcy estate based on the day your attorney filed the case. It's an equation that attorneys and trustees use to determine the amount of income and taxes that were earned/owed based on the filing date. You did nothing wrong, it is just a mathematical equation.... Read More